Clyde & Co – PCP v Barclays: waiving goodbye to your privilege

• FOIL
• FOIL Ireland
• FOIL select
• London FOIL

Authors - various

Last month the High Court handed down its decision in the specific disclosure application in PCP Capital Partners LLP and another -v- Barclays Bank plc [2020] EWHC 1393 (Comm).

The Court has held that when determining whether an allusion to privileged material (here in witness statements and opening submissions) amounts to a waiver of privilege, one must assess (i) whether the allusion is sufficient and, (ii) whether the party waiving is relying on it in some way to support or advance its case on an issue that the court must decide.